FINAL INSTALLMENT ON CONDO B ILL OF RIGHTS







STEW RICHLAND

Homeowners deserve to know what rules the association applies, but frequently they do not. Clear disclosure provides the foundation for homeowners to agree to association rules and charges, facilitates compliance, and prevents arbitrary enforcement.

How does a unit owner (especially a grieved owner) and the Association begin to build or repair relationships.  Attempt to treat the relationship like a happy marriage based on deep friendship and mutual respect. Attempt to overcome any deep seated negative feelings.

When you are going to bring up areas of conflict keep the following strategies in mind.

1. Soften your startup.  Don't start off by accusing or sniping at you association reps  Instead, try to ease into your conversation, and definitely avoid being hostile or accusatory.

2.  Learn to make and receive repair attempts.  Usually, these are attempts by the unit owner or association rep.  to add some levity to a disagreement or to prevent the argument from getting into ugly territory.  Often this can be a funny statement or even just a request to get back on topic or take a break. 

3.  Soothe yourself and your association .  If you start to feel overwhelmed by the discussion, let your adversary   know you need a break.  When you feel the fight or flight response of a conflict, it takes a good 20 minutes to effectively remove the chemicals from your body and allow yourself to relax.  So take 20 minutes, listen to music or deep breath before returning to the discussion.

4.  Compromise.  Even if you are convinced that you are right (any you may be, who's to say), the only way to manage your conflicts is to compromise.  It's fine and dandy to be always right, but is it worth the dispute?   Of course not.  Work on making trade-offs.

When a position is open on a Condo’s Associations board of directors would you accept the position? Would you step into the shoes of a departing President. The answer very often was a resounding "NO".  Other than general malaise, what would be the reasons for such reluctance? Is it because the office is seen as a thankless position; the office requires too much time or would subject the holder to criticism; or the VP does not feel he or she has the support of the board?

Why would someone want to serve their Association?

Well, experience has taught that there are positive reasons and negative reasons that explain why some association members undertake these roles. Let's start with the positives:

    a. Wants to make a difference

    b. Wants to safeguard community values

    c. Has skills that could be helpful to the board

    d. Has a personal issue that he or she wants to be resolved which would also be in the best interests of the community.

Now, unfortunately, come the negative reasons:

    

     a. Has a personal issue that he or she wants to be resolved which might not be in

           the community's best interests

     b. Power play

     c. Desire to send work to his or her own company or friends' companies

     d. Potential fraudster

How many folks have served on a board where the members disliked and mistrusted each other? How many have served on an association board where the members liked and respected each other and worked well together? It's not hard to figure out that the former situation creates dysfunction in a community. How many people would like to turn the reins over to a new generation of leaders in their community but no one is willing to take up the baton? How many associations  currently don't have any leader on their board or the wrong type of leader(s)?

How many board members or potential board members had ever attended a leadership seminar in their former life or even considered doing so when winning a board seat.  The board should search out free educational classes and materials for board members, committee members and potential candidates for the board.  Going together to one of these classes and discussing what was heard and learned together can be tremendously helpful in deciding how to put that new knowledge to good use in your Association.

Do some informal training.  This is another option when it comes to getting some new blood on the board. You can develop future leaders by handing out challenging assignments to current board and committee members. Those members who show focus, talent, ethics and skills should be encouraged to seek roles as future leaders. Even just taking note of who consistently shows up for meetings and community events can provide a clue as to future leadership candidates. (This could have been one of the real positive roles of UCO but in this instance they have failed miserably.)

Focus on an internal succession plan for your Association.  Do current board members who are directors but not officers wish to become officers? Do current officers wish to hold different offices? Do current committee members wish to run for the board? If your board does not know who wants what in terms of serving the association, it should. Next time your board meets, ask yourselves a question.  If the president of the association moved would the current VP wish to fill the president's slot?

Ultimately, the board is elected by the members to make decisions on their behalf but how often do the directors have personal interests that might be given priority attention? 

Some issues clearly constitute a conflict of interest which would demand a director's disclosure and abstention from voting. Other issues, however, merely flirt with self interest. Those instances still demand that a director understand how he or she is voting on a particular matter and why. If there is even a whiff of self interest, the membership will sniff it out in many cases so the wise director is the one who takes steps to clarify his or her position in the face of such circumstances.

Lastly, when you poll your community members and they voice an opinion on a proposed course of action, boards who disregard that input do so at their own peril.

In conclusion, I doubt if any type of “Bill of Rights” for unit owners is what is needed. A person who buys a condo without looking at the fine print of the contract, does not ask the right questions of his realtor,  finds that the Association representatives are either not forth coming with the financials of their association, and does not talk to the residents of the building he/she wants to buy, then they are creating a scenario that could punch holes in their retirement plans. 

Yes, the Latin term: Caveat Emptor should be your guide: the principle that the buyer alone is responsible for checking the quality and suitability of goods  or condos before a purchase is made.  (the principle of caveat emptor serves as a warning that buyers have no recourse with the seller, association or realtor  if the product does not meet their expectations.)

A note to my readers. Much of this information has been gleaned from various web sites dealing with the issues of pertaining to  condo owners bill of rights issues. I have selected ideas, and excerpts from my research in order to put this article together. I urge readers who would like to follow up on the ideas presented here, just type in on your search engine Condo Bill of Rights, or Condo Association issues and you will find enough information to keep you busy for quite awhile. Please feel free to respond to my conclusions on this issue to the paper you are reading it in.